82R10974 AJA-D
By: Hinojosa S.B. No. 1523
A BILL TO BE ENTITLED
AN ACT
relating to the liability of the state for a violation of the
federal Americans with Disabilities Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 5, Civil Practice and Remedies Code, is
amended by adding Chapter 112 to read as follows:
CHAPTER 112. LIABILITY OF STATE UNDER CERTAIN FEDERAL LAWS
Sec. 112.001. DEFINITION. In this chapter, "state
government" has the meaning assigned by Section 101.001.
Sec. 112.002. WAIVER OF IMMUNITY. (a) The sovereign
immunity of the state government from suit and from liability is
waived for the limited purpose of allowing any person to maintain a
lawsuit in state or federal court and obtain relief from the state
government under the Americans with Disabilities Act (42 U.S.C.
Section 12101 et seq.).
(b) This section does not require the state government to:
(1) provide an individual with a disability with:
(A) a personal or individually prescribed
device, such as a wheelchair, prescription eyeglasses, or a hearing
aid; or
(B) services of a personal nature, such as
assistance in eating, toileting, or dressing; or
(2) take any other action not required under the
Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.)
or a regulation adopted under that act, including an action that
would result in:
(A) a fundamental alteration in the nature of a
service, program, or activity; or
(B) undue financial and administrative burdens.
(c) If a particular accommodation would result in
circumstances described by Subsection (b)(2), the state government
must:
(1) determine whether another accommodation is
available that would not result in those circumstances; and
(2) take an alternative action that does not result in
those circumstances if the alternative action is required by the
Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.)
or a regulation adopted under that act.
Sec. 112.003. LIMITATION ON AMOUNT OF LIABILITY. An award
of money damages under Section 112.002 for an employee of the state
government who proves a claim of employment-related discrimination
under the Americans with Disabilities Act (42 U.S.C. Section 12101
et seq.) may not exceed:
(1) $250,000 for each person; and
(2) $500,000 for each single occurrence.
SECTION 2. The change in law made by this Act applies only
to a cause of action that accrues on or after the effective date of
this Act. A cause of action that accrues before the effective date
of this Act is governed by the law in effect immediately before that
date, and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2011.